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Abby Novel signed a note with the following on it: Glen Gallwitz 1 - 8 - 2 0 0 2 loaned me $ 5 ,
Abby Novel signed a note with the following on it: Glen Gallwitz loaned me $ at percent interest a total of $ The note did not contain a payment schedule or a time for repayment.
Abby used the $ as startup money for her business and says that she orally agreed to repay the loan out of the proceeds from her first product sales. Abby did not make any payments. Glen passed away and his son, as executor of his estate, demanded that Abby repay the $ plus percent interest for a total of $the amount due as of April The trial court granted judgment for the estate. Abby has appealed, alleging that she repaid the note through the care she gave for Glen. The estate maintains that the instrument was a negotiable promissory note and that it is entitled to collect the amount due in cash. Who is correct and why? Gallwitz v Novel, WL Ohio App.
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